|
<br />200512272
<br />
<br />As used in this Security Instrument: (a) words of the masl:uline gender shall mean and include wrresponding
<br />neuter words or words of the feminine gender; (b) words in the singular shall mean and indude the plural and vil:e
<br />versa; and (c) the word "may" gives sole disl:retion without any obligation to take any al:tion.
<br />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Sel:Urity Instrument.
<br />] 8. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Sel:tion 18, "Interest in
<br />the Property" means any legal or benefidal interest in the Property, including, but not limited to, those benefkial
<br />interests transferred in a bond for deed, wntral:t for deed, installment sales wntract or escrow agreement, the intent
<br />of whil:h is the transfer of title by Borrower at a future date to a purl:haser.
<br />If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
<br />natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
<br />Lender may require immediate payment in full of all sums secured by tllis Security Instrument. However, this option
<br />shall not be exercised by Lender if such exerdse is prohibited by Applicable Law.
<br />If Lender exercises this option, Lender shall give Borrower notice of al:l:eIeration. The notil:e shall provide a
<br />period of not less than 30 days from the date the notil:e is given in accordance with Sel:tion 15 within which Borrower
<br />must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of
<br />this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand
<br />on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets l:ertainwnditions, Borrower shall
<br />have the right to have enforl:ement of this Security Instrument diswntinued at any time prior to the earliest of: (a)
<br />five days before sale of the Property pursuant to any power of sale wntained in this Security Instrument; (b) such
<br />other period as Applil:able Law might spel:ify for the termination of Borrower's right to reinstate; or (l:) entry of a
<br />judgment enforcing this Sel:urity Instrument. Those wnditions are that Borrower: (a) pays Lender all sums whil:h
<br />then would be due under this Sel:Urity Instrument and the Note as if no acceleration had ol:l:urred; (b) cures any default
<br />of any other wvenants or agreements; (c) pays all expenses inl:urred in enforcing this Sel:Urity Instrument, including,
<br />but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees inl:urred for the
<br />purpose of protel:ting Lender's interest in the Property and rights under this Security Instrument; and (d) takes sUl:h
<br />action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Sel:urity
<br />Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continueunl:hanged.
<br />Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,
<br />as selel:ted by Lender: (a) l:ash; (b) money order; (c) certified l:hel:k, bank check, treasurer's l:hel:k or cashier's check,
<br />provided any such check is drawn upon an institution whose deposits are insured by a federal agenl:Y, instrumentality
<br />or entity; or (d) Electronil: Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations
<br />sel:Ured hereby shall remain fully effective as if no al:l:eleration had occurred. However, tllis right to reinstate shall
<br />not apply in the case of al:l:eleration under Section 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note
<br />(together with this Sel:Urity Instrument) l:an be sold one or more times without prior notice to Borrower. A sale might
<br />result in a l:hange in the entity (known as the "Loan Servicer") that l:ollel:ts Periodic Payments due under the Note
<br />and this Sel:Urity Instrument and performs other mortgage loan servil:ing obligations under the Note, this Sel:urity
<br />Instrument, and Applil:able Law. There also might be one or more changes of the Loan Servicer unrelated to a sale
<br />of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice ofthe change whidl will
<br />state the name and address of the new Loan Servil:er, the address to which payments should be made and any other
<br />information RESPA requires in collnection with a notil:e of transfer of servicing. If the Note is sold and thereafter
<br />the Loan is servil:ed by a Loan Servicer other than the purchaser of the Note, the Inortgage loan servicing obligations
<br />to Borrower will remain with tlle Loan Servil:er or be transferred to a successor Loan Servicer and are not assumed
<br />by the Note purchaser unless otherwise provided by the Note purchaser.
<br />Neitller Borrower nor Lender may commence, join, or be joined to any judil:ial al:tion (as either an individual
<br />litigant or the member of a dass) that arises from the other party's actions pursuant to this Security Instrument or that
<br />alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument,
<br />until such Borrower or Lender has notified the other party (with such notke given in compliance with the requirements
<br />of Sel:tion 15) of such alleged breach and afforded the other party hereto a reasonable period after tlle giving of sUl:h
<br />notice to take corrective al:tion. If Applicable Law provides a time period whidl must elapse before l:ertain al:tion
<br />l:an be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of
<br />acceleration and opportunity to cure given to Borrower pursuant to Sel:tion 22 and the notil:e of al:l:eleration given
<br />to Borrower pursuant to Sel:tion 18 shall be deemed to satisfy the notil:e and opportunity to take wrrective action
<br />provisions of this Sel:tion 20.
<br />21. Hazardous Substances. As used in this Sel:tion 21: (a) "Hazardous Substanl:es" are those substances
<br />defined as toxil: or hazardous substanl:es, pollutants, or wastes by Environmental Law and tlle following substances:
<br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pestil:ides and herbiddes, volatile solvents,
<br />materials wBtaining asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
<br />laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protel:tion;
<br />(c) "Environmental Cleanup" indudes any response action, remedial action, or removal action, as defined in
<br />Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or
<br />otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,
<br />or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else
<br />to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an
<br />Environmental Condition, or (l:) which, due to the presence, use, or release of a Hazardous Substance, l:reates a
<br />
<br />NEBRASKA--Single Farnily--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT. MERS
<br />Form 3028 1/01 Page 8 of 10
<br />
<br />DocMaglc;e1tflJ'fJiJiiOJ BOO 649-/362
<br />www.docmagic.com
<br />
<br />Ne31l2X.mzd.8_lc",
<br />
<br />1111111111111111111111111111111111111111111111111111111111111111111111111111111
<br />
|